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Posted on December 7, 2007July 10, 2018

U.S. Chamber Seeks to Stop Proliferation of State Immigration Laws

A major business organization is as intent on killing immigration reform in the states as it is in resurrecting it on Capitol Hill.


The U.S. Chamber of Commerce is promising to fight in court recently passed state laws that crack down on illegal employment because it says they are unconstitutional.


Those measures are filling the void created by the failure of immigration legislation on Capitol Hill, according to a new study by the National Conference of State Legislatures.


The report says that 1,600 immigration bills have been introduced in statehouses nationwide, with 244 enacted, since the beginning of 2007. Many states are responding to the increasing costs of public services associated with illegal populations.


The report was released Friday, December 7, at a conference hosted by the Chamber of Commerce and the NCSL designed to enhance cooperation between the business community and the states.


Currently, there’s tension over the new immigration laws, which the chamber says hamstring companies that have to comply with different rules in different jurisdictions.


The chamber also asserts that state measures encroach on an area that is the responsibility of the federal government.


“Almost all of them are unconstitutional,” chamber president and CEO Thomas Donohue said at the conference.


His organization will be making that point in court. It already has joined an action against an Arizona measure that imposes stiff penalties, including the shutdown of operations, against businesses that knowingly hire illegal workers.


A U.S. District Court judge dismissed the action December 7 on procedural grounds because it was brought against Arizona’s attorney general and governor instead of county attorneys. The business groups have indicated that they will refile the suit.

The law, which will go into effect on January 1, also mandates that all companies in the state use an electronic government employment verification system. Businesses have denounced that device, formerly known as Basic Pilot and renamed E-Verify, as being inefficient and ineffective.


The suit in Arizona and a brief opposing a local ordinance in Pennsylvania are just the start of the chamber’s legal effort to halt state freelancing on immigration, according to Donohue.


“We’re going to file a hell of a lot of them,” he said.


The proliferation of state immigration laws is a reaction to the stalemate in Congress. A bill that would have strengthened border security and work-site enforcement while creating a guest worker program and a path to legalization for undocumented workers failed in the Senate last spring.


Since then, Congress has not revisited immigration even on a piecemeal basis because political tensions are so high between those who focus on enforcement and those who back a broader approach.


An aide to a senior House Democrat, who wasn’t authorized to speak on the record, called the atmosphere “poisonous” and unlikely to improve anytime soon.


Meanwhile, the states are forging ahead—and moving into dimensions of immigration policy that go beyond health care, education and other benefits that they’ve concentrated on in the past.


“We’ve really seen an expansion of the types of legislation states are entering into because of the lack of federal action,” says state Rep. Sharon Tomiko Santos of Washington, co-chair of the NCSL task force on immigration.


Not only has the scope of the laws increased—so has their distribution. In the past only states like California, Arizona, Texas, Illinois, New York and New Jersey got deeply involved in immigration.


That situation has changed dramatically. “Every state is dealing with immigration policy,” Santos says.


The reason for the changing political landscape is that there is strong popular sentiment to crimp illegal immigration, says Mark Krikorian, executive director of the Center for Immigration Studies.


It’s a reality that the chamber doesn’t grasp, Krikorian asserted at the conference.


“It’s going to get worse and worse,” he said. “Instead of riding the train, [business] is going to be tied to the tracks.”


Krikorian favors measures that crack down on illegal immigration, whether they come from Washington or the states.


“Anything that makes it difficult to live here is necessary to bring about the attrition of the illegal population,” he said.


While Donohue and others emphasized that they want to improve the immigration system and ensure that workers are legal, they also stressed that increasing the country’s international population is an economic imperative.


Donohue maintained that sectors like agriculture, construction, hospitality and high tech are craving more employees. Low unemployment and an aging workforce are exacerbating the problem.


“There is a real serious need in this country for those workers,” Donohue says. “We don’t have the American workers to take those jobs.”


Even whole states are facing severe workforce shortages. Mee Moua, a Minnesota state senator, said her state will need to fill 25 percent of its labor force with people from other states or countries in the next few years.


“This is the community that’s going to save us as a state,” she said.


But Krikorian criticized what he called a push for “subsidized low-skill labor” that helps companies avoid raising wages and innovating.


“It’s just irrational,” he said.


One point on which everyone agreed is that Washington can’t afford to ignore immigration reform.


“We have got to get the Congress of the United States off the dime,” Donohue said.


—Mark Schoeff Jr.

Posted on December 7, 2007July 10, 2018

DOL Investigated for Non-Competitive Grants, Millions Given Out Without Proper Documentation

The U.S. Labor Department’s watchdog has sounded an alarm about the way the Department’s Employment and Training Administration handed out grants for a key training program.


In a recently published report, the Labor Department’s Office of Inspector General found that ETA did not adequately justify decisions to give out non-competitive awards for the High Growth Job Training Initiative.


“ETA could not demonstrate that it made the best decisions in awarding grants to carry out HGJTI,” the report says.


The initiative is a program to prepare workers for jobs in high-growth, high-demand and economically vital industries, such as health care and advanced manufacturing. From July 2001 through March 2007, ETA gave out 157 grants for the initiative totaling $271 million. Of those, 133 grants totaling $235 million were awarded through non-competitive procurement methods. One grant for $7 million was awarded to a specific entity based on congressional direction, according to the report.


The Office of Inspector General examined 39 non-competitive awards and concluded that “ETA could not demonstrate that it followed proper procurement procedures” in 35 of them. Those 35 awards totaled $57 million.


“Specifically,” the report says, “decisions to award 10 non-competitive grants were not adequately justified, reviews of unsolicited proposals were not consistently documented, and matching requirements of $34 million were not carried forward in grant modifications.”


The report says Emily DeRocco, who heads ETA, “strongly disagreed” with findings related to the procurement practices used for non-competitive grants. “The Assistant Secretary further stated that sufficient documentation had been provided to support that the awards met departmental policy regarding non-competitive procurement,” the report states.


Among the problematic awards, according to the report, were a grant of $5,935,402 to the State of Arkansas Department of Workforce Service in March 2006, a grant of $5,065,000 to the National Retail Federation Foundation in May 2003, and a grant of $4,268,454 to the Home Builders Institute in December 2004.


The report came in response to a request from Sen. Tom Harkin, D-Iowa. Harkin’s office did not immediately respond to a request for comment.


In a recent essay published by the Center for American Progress think tank, author Scott Lilly asked about the extent to which non-competitive grants have been given by ETA. “[I]t should be noted that the ‘High Growth Job Training Initiative’ represents less than one percent of the almost $10 billion a year budget under DeRocco’s control, and appears to represent only a small portion of the total non-competitive grant activity in which DeRocco has been engaged,” Lilly wrote. The center is headed by John Podesta, former chief of staff to President Bill Clinton.


The November Inspector General report isn’t the only time DeRocco has landed in hot water. A 2005 Inspector General report about the award of National Emergency Grant funds found that ETA was inconsistent in applying federal procurement rules and regulations with which the department was responsible for ensuring compliance. (Link opens an Acrobat document in a new window.)


DeRocco also came under fire for ETA’s move earlier this year to shutter America’s Job Bank, a public online job board. The Labor Department cited outdated technology and claimed that America’s Job Bank duplicated what was already available in the private sector. But the department declined to make public any comprehensive study weighing the pros and cons of America’s Job Bank and justifying the decision to close it, despite the fact there was a good deal of evidence that argued for the site’s preservation.


–Ed Frauenheim

Posted on December 7, 2007July 10, 2018

Hospitals Taking Safety Cues From Manufacturers

Hospitals are turning to the manufacturing industry for safety solutions. The goal is to make hospitals mistake-proof by creating processes that catch and prevent potential errors before they harm patients.


    Hospital administrators at Northbay Medical Center in Fairfield, California, have implemented a program called TeamSTEPPS: Strategies and Tools to Enhance Performance and Patient Safety. The program, developed by the Department of Defense based on military and private aviation, is intended to improve communication among staff members to prevent medical errors.


    “Anyone along the line can—and has a responsibility to—let the team know if care is problematic,” says hospital spokeswoman Joanie Erickson. Workers at the hospital can also report problems anonymously.


    The Agency for Healthcare Research and Quality, part of the U.S. Department of Health, published a report in May on how hospitals use process and design to error-proof the care they give. The report made one thing clear: The culture of medicine is such that doctors and hospitals believe the way to eliminate errors is for clinicians to improve their practices.


    “This simplistic approach not only fails to address the important and complex system factors that contribute to the occurrence of adverse events but also perpetuates a myth of infallibility that is a disservice to clinicians and their patients,” states the report, which adds that inadequate staffing levels make process improvement difficult.



“Anyone along the line can—and has a responsibility to—let the team know if care is problematic.”
–Joanie Erickson,
Northbay Medical Center spokeswoman

    With this in mind, Virginia Mason Medical Center in Seattle took a systematic approach toward reducing human errors and turned to auto industry leader Toyota.


    Dr. Robert Mecklenburg, chief of medicine at Virginia Mason and now director of the hospital’s Center for Health Care Solutions, which was established in September, referred to Toyota during the 2006 World Health Care Conference as “everything we weren’t and everything we desired to be.”


    Specifically, the auto manufacturer was customer-focused, defect-free, low-cost and driven by innovation for quality improvement. Hospital executives spent two weeks on a Toyota assembly line learning how to avoid mistakes.


    “This was so impressive to folks at Virginia Mason that we decided all the executives would get certified to teach the Toyota production system,” Mecklenburg says.


    The hospital standardized hundreds of processes, including mistake-proofing hoses and tubes so wrong medicines could not be administered through them.


    Like at many hospitals, it took a tragedy to change practices prone to error.


    On November 23, 2004, Mary McClinton, a patient at Virginia Mason, died after she was mistakenly given the antiseptic chlorhexidine. In a memo written by Mecklenburg, the hospital acknowledged the mistake was preventable.


    “Many were aware of the hazard in the system that could lead to injection of the wrong solution and aware of a simple method to prevent this occurrence,” the memo said. “No one took action to change the process before this tragedy occurred.”


Workforce Management, November 19, 2007, p. 19 — Subscribe Now!

Posted on December 6, 2007July 10, 2018

Brocade HR Chief Convicted in Options Backdating Trial

A federal jury convicted Stephanie Jensen, the former head of human resources at Brocade Communications, of two counts of criminal fraud on Thursday, December 6, for her role in the backdating scheme.


Prosecutors were able to win their convictions based on testimony and evidence that showed Jensen knowingly committed wrongful acts, even though she might not have known what specific laws she was breaking.


By this standard, officers of publicly traded companies don’t need to know or understand securities law to break it—they just have to know, or expect that reasonable people would believe, their behavior to be wrong.


“It wasn’t easy—you’re talking about someone’s life,” said juror Iris Hoffman, 61, after the convictions were declared. “All I can say is that we discussed each issue thoroughly; we really looked at both sides. I would have been happy to have found a way, legally, not to have had to come to [this] particular decision, but we had to follow the law.”


“It’s very scary,” said one observer in the courtroom last week. He asked not be identified because of his relationship to some defendants in other, pending backdating cases. “It opens the door to criminalizing a lot of behavior that might only be human error: ‘Oh, I didn’t know that was against the law. Now I won’t do it,’ ” he added.


In cases where a company remains intact, the observer added, “shouldn’t these cases be handled [as] civil matters? This isn’t Enron.”


The government views such comments as armchair pundits splitting hairs. In a contradiction of the public debate over backdating, this case always was “a simple fraud,” said Assistant U.S. Attorney Adam A. Reeves, who, along with Assistant U.S. Attorney Timothy P. Crudo, successfully prosecuted both Jensen and former Brocade CEO (and Jensen’s former boss) Gregory L. Reyes. “Falsifying records is always wrong, and in this case [the dates] came from the bottom up.”


Originally charged with eight felonies, Jensen was ultimately tried and convicted on two counts—criminal conspiracy to commit securities fraud and the act of falsifying Brocade’s books and records—for her role in an illegal employee compensation scheme that took place at the company between 2000 and 2004. In August, Reyes, the first executive ever to be criminally tried for these offenses, was convicted of 10 felonies for his role in the same matter.


Until now, stock option grants, and the complexities of recording and accounting for them appropriately to regulators, have been assumed to be the domain of a company’s finance, accounting or legal departments. (Reyes’ own defense team made this argument in its effort to absolve the CEO of responsibility for what his lawyers dubbed stock option “administrivia.”) Certainly few people ever thought that an HR officer could be deemed responsible for it.


But compensation paperwork, including employee offer letters and stock option grant forms, were originated and administered by Brocade’s human resources department—as they are at most public companies.


In a streamlined case that began November 26 and lasted only six days, the government successfully convinced the jury that it was Jensen, as the head of HR, who directed and supervised her staff as they doctored stock option grant forms and meeting minutes of a special compensation committee of the board of directors (made up only of Reyes), thus creating records of events that, in fact, never took place.


Here especially, Crudo argued in his closing, blaming the scheme on Reyes, or anyone else higher on the organizational chart, didn’t hold water because it was Jensen who actually determined the dates on which Brocade’s shares were trading at periodic lows—and it was Jensen who recommended to Reyes which of the dates ought to be falsely applied to Brocade’s stock option grant minutes.


Perhaps in deference to the novelty of these trials, the judge in the case delayed Reyes’ sentencing until the conclusion of Jensen’s trial. Last week, Judge Stephen R. Breyer set Reyes’ sentencing hearing for December 19. He faces up to 20 years each for nine of his convictions and five years for his own conspiracy charge. The judge is widely expected to order a much shorter sentence.


Jensen faces five years for conspiracy, but she may be able to avoid any incarceration for the books and records violation. In a quirk of the law, while she can be convicted merely for wrongful acts, a person may not be incarcerated under Title 15 of the U.S. Code, Section 78, unless they have knowledge of the law they are actually violating. Her lawyers were not available for comment after the trial.


A sentencing hearing for Jensen has not been set.


Filed by Carleen Hawn of Financial Week, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.

Posted on December 6, 2007July 10, 2018

Authorias Talent for Talent Management Software

Authoria has emerged as the rock star of the moment in talent management software.

    But it remains to be seen how long the company’s celebrity will last amid bruising competition and the demands of rapid growth.


    In October, Authoria handily won a showdown of talent management vendors at the annual HR Technology Conference & Exposition in Chicago. The Waltham, Massachusetts-based firm beat rivals Vurv, SuccessFactors and HRsmart in an audience-decided contest to see who best connects recruiting and performance management applications. Authoria’s win follows the firm’s victory two years ago in a similar “shootout” among vendors that sell compensation and performance management software.


    Besides the conference wins,Authoria recently has been touted highly in analyst reports and is seeing torrid sales. For the first half of this year, bookings rose by 40 percent, with new customers including 3Com, GlaxoSmithKline and L-3 Communications.


    But all the customers—more than 300 large organizations in total—raise the prospect that Authoria may struggle to provide them with excellent service. And although Authoria’s star has risen, it sits in a busy constellation with competitors ranging from talent management specialists to larger, more comprehensive software players such as Oracle and SAP.


    Jim Holincheck, analyst with research firm Gartner, gave Authoria a “positive” rating this year in his report on software for performance management, compensation and succession management. No vendor surpassed Authoria, but 13 others got the same positive rating.


    “It’s a crowded market out there,” Holincheck says.


    Authoria founder and chief executive Tod Loofbourrow is confident the 10-year-old company can continue to stand out, by taking into account the needs and wishes of managers and employees and by focusing on improving clients’ business results.


    Loofbourrow also expects his firm to be among the few talent management vendors left standing as the market shakes out over the next few years.


    “I’d say we’re in the third inning of a nine-inning game here,” he says.


Lucrative game
   The talent management software game is lucrative.


    Authoria and its rivals sell tools for key HR duties such as recruiting, performance management, compensation and employee development. Talent management applications are among the fastest-growing products within the HR software arena, which is itself the fastest-growing category of business software.


    Thanks to factors including fear of talent shortages, revenue from “human capital management” applications is slated to rise 11 percent annually between 2006 and 2011, to $10.6 billion, according to AMR Research.


    Some 20 vendors of talent management tools have a common mantra: integration. That is, they typically claim close links between a number of component applications for the purposes of more efficient operations, new insights and, ultimately, a better bottom line.


    Despite the promises, talent management as a field has room to improve. Research firm Bersin & Associates found organizations with multiple applications from the same vendor report that their talent management systems offer just slightly better than “fair” assistance toward key talent goals such as retaining top performers and ensuring quality of hire.


    Authoria brings a unique background to the talent management field.


    While other rivals started off as recruiting or learning management system specialists, Authoria’s roots are in the area of employee self-service tools. Authoria’s first products were designed to help employees access personalized information about corporate benefits and policies. The company still offers that software, but partly through acquisitions it has added capabilities such as recruiting and performance management.


    Employee communications may not seem at first glance to be a critical part of talent management. But Authoria has used that expertise well in building applications that are used by the bulk of employees, not just HR “power users,” says Nov Omana, founder of consulting firm Collective HR Solutions. “They have a significant strength in bringing information to people’s desktop,” he says.


    Authoria also has won kudos for an “elegant user interface,” in the words of analyst Josh Bersin, and a well-rounded product suite. Gartner’s Holincheck says Authoria has “pretty strong functionality across a pretty broad set of talent management areas.”


    Alcon Laboratories, which makes contact lens solutions and many other eye care products, recently chose Authoria for its entire lineup of talent management applications. The company is starting with recruitment software, followed by compensation management and later performance management and succession planning. Kay Teague, director of HR technology for the 13,000-person company, says Authoria impressed Alcon with its clean user “look and feel.”


    Also important to Teague was Authoria’s vision of a comprehensive package of tightly connected talent management applications, where, for example, a single “dashboard” screen allows users to access a variety of software tools. “They are working toward a truly integrated suite,” she says.


    Alcon also considered SuccessFactors, Vurv and Workstream. Cost was not much of a factor in the competition, Teague says: “There was very little price difference.”


Winning the shootout
   Authoria got the best of Vurv and SuccessFactors again at the HR Technology Conference, as audience members voted it the winner in each of the three shootout segments. The first segment involved showing how the software could create a new job requisition based in part on the example of a successful employee in a related role. In the second, vendors were asked to show how their applications could search for both internal and external candidates, assess the quality of hires from external recruiting firms and compare their fees, and finally compare an internal candidate with two external candidates.


    The last segment centered on a midyear review for an employee hired externally, in which vendors were asked to show how their software captured data from the recruiting process to help fill out an employee profile as well as demonstrate a quality-of-hire “dashboard” report.


    Among the factors that carried Authoria to victory was the performance of Loofbourrow himself. The chief executives from each vendor demonstrated their software, but Loofbourrow stood out with a showman’s presence. For instance, he ended the first two segments with “cliff hangers” about what else Authoria’s software could do.


    Despite Authoria’s successful conference presentation, there are questions about how much the company reveals about its financial performance. Rival talent management vendor Plateau says profitability and revenue growth over time should be a factor in choosing a supplier.


    “Numbers tell a story,” says Paul Sparta, Plateau’s CEO. Sparta says Plateau was growing and profitable for 13 straight quarters until 2006, when it purchased compensation management specialist Nuvosoft. “We are break-even now and will be profitable again next year,” he says.


    Authoria provides some financial data, including the fact that it recently brought in $22.5 million in financing, and that recurring revenue grew 42 percent last year. The company also points to its roster of well-known clients, such as Aon Corp., Boeing and PepsiAmericas, as a sign of its financial strength. But Authoria declined to disclose whether it is profitable or to discuss revenue or profitability information from years past.


    “As a private company, we really don’t disclose our financials, including revenue, revenue growth, profitability, etc.,” Michael Blaber, director of marketing communications, said in an e-mail.


    Teague says Authoria was similarly tight-lipped with her about financials.


    “They weren’t really willing to lay it all out there,” she says. On the other hand, she says, Authoria convinced finance officials at Alcon that the company was a safe enough bet.


Competition still steep
   Authoria may have won the Alcon account, but plenty of Authoria’s competitors are snagging new customers as well. Besides Oracle and SAP, another larger software company pushing hard into talent management is Lawson. These players offer customers the potential of streamlining the number of software vendors, since they offer core HR systems for tracking basic employee data as well as a range of business applications beyond HR software.


    Even within the talent management field, Authoria doesn’t have all the bases covered. It lacks what many see as a key component: a learning management system, which is software for tracking employees’ coursework and certifications. Loofbourrow says his software ties into the learning management products from other vendors. He does not see an Authoria learning management application as a priority. The most central aspects of talent management are recruiting, performance management and compensation management, he says, while learning management is “secondary.”


    Lately, customers seem to be buying Authoria’s argument about the best approach to a talent management suite. During the past few quarters, 40 percent to 50 percent of Authoria’s new customer wins have involved three or more software products, compared with 25 percent during the first half of 2006.


    But by selling software suites to so many customers, Authoria is setting itself up for a customer-service challenge. Authoria and other talent management specialists face the task of providing good service to clients who have been used to a high level of care from the traditional, large HR software suppliers Oracle and SAP, says Jason Averbook, chief executive at consulting firm Knowledge Infusion.


    “The vendors are not doing a good job setting expectations when they implement these solutions,” he says. “All of them are struggling with it.


    The issue is exacerbated, in a way, by the “software as a service” approach used by Authoria and other talent management vendors. It refers to applications that are accessed over the Internet as opposed to software that runs on a customer’s internal computers.


    “Because it seems so easy to deploy, customers don’t expect issues,” Averbook says. “When issues arise, it is a surprise to customers, creating a chasm between expectations and reality.”


    Without having turned on Authoria’s software yet, Alcon’s Teague has no complaints about Authoria’s service. But given the industrywide concern and Authoria’s fast addition of customers, poor service is a worry. “I’m afraid of that going forward,” she says.


    Blaber says Authoria has its eye on the service ball. The firm’s “Rapid Results” implementation process uses “best practices” to speed up the deployment of Authoria software, Blaber says.


    “Over the past 10 years, Authoria has built a very solid track record of meeting the expectations of the most demanding employers in the world,” he says.


    Teague is hopeful about Authoria. But she realizes today’s talent management sensation could fall from its pedestal.


    “No one’s really there with an integrated system,” she says. “I just hope Authoria is able to provide good service to their customers as well as deliver on its vision of a truly integrated suite.”

Posted on December 6, 2007July 10, 2018

Smoking May Be Hazardous to Your Bottom Line

By now, most people in the U.S. seem to understand the basic facts of tobacco use: hacking, wheezing, coughing. Secondhand smoke: the gift that keeps on giving. Sick days. The clinging odor. The wasted money at nearly $5 per pack. And, of course, lung cancer, emphysema and early death. Not to mention addiction and the ills that come with it. It’s not a pretty picture.


    But is any of this an employer’s problem? Should employer-paid health insurance cover smoking cessation programs the way it would a medical procedure?


    The numbers show that a comprehensive and effective smoking cessation program will usually cost less than 50 cents per member per month—less than $6 per member per year. Compare that with an estimated $210 annual reduction in health costs for each smoker who quits. Put simply, smoking cessation programs are inexpensive and produce short-term and long-term benefits for their participants and nearly immediate value for employers.


    The value is derived from an analysis of just four conditions cited in a Surgeon General’s report:


  • Coronary heart disease (CHD) and stroke


  • Adult pneumonia


  • Low-birth-weight babies


  • Childhood respiratory diseases including asthma, pneumonia, bronchitis and otitis media (middle-ear infection)


    These four conditions, among the many illnesses that are more often found among smokers, contribute to the higher medical costs that smokers typically sustain. Each is also a relatively short-term effect of smoking compared with cancer. The excess risk for childhood respiratory conditions from exposure to secondhand smoke in a household ends shortly after a parent quits smoking. The excess risk for stroke starts declining almost immediately after quitting, but takes five to 15 years to completely disappear after a smoker quits.


    If the positive effects of quitting vary widely by condition, all four conditions demonstrate that there are significantly higher costs associated with smokers as compared with other groups. In chart after chart comparing smokers, ex-smokers and never-smokers, the risks confronting smokers dwarf those of ex-smokers and never-smokers. Consider these implications:


  • Smokers have a significantly higher likelihood of suffering a stroke or developing coronary heart disease. In the year of such an event, annual medical costs are around $65,000. The next two years cost another $30,000. The rate of death from coronary heart disease for current smokers is nearly twice that of never-smokers.


  • Pneumonia costs $3.85 per member per month among smokers. For ex-smokers in the third year after quitting, the number drops to $2.99. Never-smokers come in at a paltry 96 cents.


  • Low-birth-weight babies are much more common among mothers who continue to smoke during pregnancy. These births fall into one of two categories: moderate low birth weights of more than 2.5 kilograms (5.5 pounds), which cost an average of $18,000 (birth cost and the following six months) and severe low birth weights of less than 2.5 kilograms, which cost an average of $58,000 (for the same duration). The birth of a normal-weight newborn costs on average $6,000 to $8,000, including prenatal care.


  • Children from birth to 12 years of age have costs associated with respiratory infections, pneumonia and bronchial conditions, coming in at $1.85 per member per month if one or both of their parents smoke. If neither smokes, the cost is just 50 cents.


    So here is where that leaves us: We all know that smoking is bad for us, but quitting is difficult. For the young, an unrealistic sense of their own mortality can make kicking the habit a low priority. In fact, a big decrease in smoking takes place among 30- to 39-year-olds, suggesting that the approach of age 40 focuses the mind on the ills of smoking.


    But for workers who are middle-aged and older, a lifetime of smoking is tantamount to a lifetime of never learning how to live without tobacco. Medical evidence shows that smoking cessation programs have the best chance of working when the following elements are present:


    Temporary pharmaceutical support, including nicotine replacement therapy and the anti-depressant bupropion


    Supportive services such as telephone quit-lines, advice sessions and individual or group therapy sessions


    We looked at six models of smoking cessation programs, which varied by pharmaceutical and support service components, and ranked them on overall intensity, cost and effectiveness. The “very high” category of support includes eight weeks of nicotine replacement therapy and bupropion, for example, along with 12 individual/group therapy sessions and more. The bare minimum quit-line option, at the opposite end of the spectrum, provides a self-help booklet and five telephone counseling sessions.


    Costs for these programs range from 2 cents up to 45 cents per member per month. The quit rates correlate with cost and intensity, with the more expensive and rigorous programs achieving better results. In addition, an employer can choose to promote the program, which may elevate program costs and but also markedly increases the uptake among employees.


    Even in our very conservative assessment, successful smoking cessation programs almost pay for themselves because they minimize other health care costs—and we didn’t consider the costs in extra sick time. The cost of providing even a gold-plated program—45 cents per member per month—can easily be offset by paring down other program benefits. Removing chiropractic benefits could save $1.35 to $4 per member per month. Increasing use of generic prescription drugs by 10 percent would save $2.65 to $3.05 per member per month. Reducing the number of covered inpatient days even modestly—five days per 1,000 members per year—can produce savings of 90 cents to $2 per member per month.


    If you look at smoking from the perspective of health benefits, it carries all the characteristics of a disease. “Curing” smoking can reverse many of the risks associated with this disease and reduce the associated costs.


    The bottom line, in short, is that it’s very difficult for most people to quit smoking, but employers who help their employees quit bring real value and contribute tangibly to a more stable, productive and profitable workforce. Ex-smokers save a lot of money too—and not just on cigarettes. They also enjoy an enhanced quality of life for themselves and their families.

Posted on December 6, 2007July 10, 2018

United Technologies Seeks Intangibles With Education Plan

Felice Gray-Kemp was within 72 hours of making a decision about several job offers when a vice president at United Technologies Corp. asked her to meet with him. She happened to work in the same building in Hartford, Connecticut, as the VP, so Gray-Kemp, a tax attorney, hopped on the elevator to go upstairs and hear him out.


    His pitch focused on one of Gray-Kemp’s primary motivations—the desire to earn another degree to advance her career.


    “He mentioned something about ‘What these other employers have, I’m sure, is great, but they don’t have ESP,’ ” Gray-Kemp says. “I thought he meant extra-sensory perception.”


    He actually was referring to UTC’s Employee Scholar Program, a comprehensive tuition reimbursement initiative that was put in place in 1996 and which finances upfront every penny of an associate’s, bachelor’s, master’s or doctoral degree. In addition, graduates receive up to $10,000 worth of UTC stock.


    When ESP was added to the other aspects of UTC she found attractive, Gray-Kemp made her decision.


    “The thought of being reimbursed or sponsored through an advanced degree was paramount in my mind,” she says. “It was a no-brainer that I was going to come to UTC.”


    Gray-Kemp joined the company in September 1998 and began her coursework for an LLM, a postgraduate law degree, in taxation in August 1999. She earned her degree from Boston University while working full time and is now assistant general counsel for UTC, which provides high-tech products and services to the building and aerospace industries.


    The company—whose subsidiaries include Carrier; Otis; Pratt & Whitney; Sikorsky; Hamilton Sundstrand; UTC Fire & Security; and UTC Power—says enhanced recruiting is just one benefit of the program for the company.


    It also aids in retention—a bonus for UTC—and promotion, which is good both for employees and for the company’s succession planning efforts. Those rates for ESP graduates are 2 percent to 3 percent higher than for their peers, according to company officials.


    Since the program’s inception, UTC has invested $626 million in ESP, a rate of about $70 million to $75 million annually. About 17,000 UTC employees have graduated over the lifetime of the initiative. About 14,000 are in classes now, or about 6.5 percent of the company’s 215,000-person workforce.


    The program is becoming increasingly popular in foreign countries where UTC operates, like Poland and Brazil. More than half of the company’s revenue is generated internationally, and 65 percent to 70 percent of its employees are based overseas.


    No matter where they’re located, once UTC workers graduate, there are no requirements placed on them to stay with the company—not even for a little while—or repay education expenses. They could leave immediately if they’re so inclined.


    One reason the program is so expansive is UTC chairman and CEO George David’s belief in the power of learning.


    “Education changes peoples’ lives,” he said during a speech in Washington last year. “It changes the way they think about everything.”


    That new outlook also can enhance their work performance. It’s not so much the degree that is earned but the earning of the degree that sets people apart.


    Gray-Kemp did not need an LLM to become the first tax attorney in UTC history to move to the general counsel’s office. But the intellectual curiosity, discipline, drive and other intangibles involved in going to school impressed her superiors.


    “To them, it was the ability to think through a problem, which going to get an additional degree helps you to do,” Gray-Kemp says. “It was about learning a way of thinking. You can position yourself to take on challenges—not to say that you couldn’t otherwise—but they’re easier to face, and excel, if you have that training.”


A part of the culture
    Donald “Scott” Richards, depot logistics manager for the F-119 engine program at Pratt & Whitney, also has strengthened his problem-solving skills by earning his bachelor’s and master’s degrees in management at Albertus Magnus College. He began an MBA program at the Connecticut school in August.


    “There’s a research method of how you go about coming to a conclusion, coming to an answer,” he says.


    His course work also has had a direct impact on his job. His master’s thesis focused on optimal contract length—a topic central to negotiations on work Pratt & Whitney does for the government.


    “It really engages you in the organization,” he says. “It gives you eyes to see some of the things that go on in the background that you may not have thought about in the past.”


    Richards began his career as a Pratt & Whitney mechanic in 1979. Since then, he has worked in several UTC aerospace businesses, including time in Brazil at International Aero Engines. He went back to school for a bachelor’s degree in 2001.


    His motivation stemmed in part from his family.


    “My daughters went to college, and they kind of inspired me to go back to school,” he says.


    He also wanted to take advantage of the breadth of UTC’s operations.


    “The ESP program has given me the opportunity to move to different areas,” he says. The company rewards performance and a person who shows some initiative, he says.


    By offering the tuition reimbursement incentive, UTC is making an important statement about its culture, according to company officials.


    “It speaks to our commitment to develop employees once they join United Technologies,” says William Bucknall Jr., senior vice president for human resources and organization. “You’re not just joining a company for a paycheck. You’re joining a company for a career.”


    Or at least they are setting off on a career path when signing on with UTC. The company acknowledges that not everyone will remain with it throughout their working life.


    In fact, the Employee Scholars Program grew out of a difficult time in UTC’s history—the early 1990s, when a recession forced the company to shutter plants and restructure by moving more work overseas.


    David saw that many people who lost their jobs were not placed elsewhere in the UTC universe. But rather than abandon them on the wayside of globalization, he wanted to help them bounce back.


    “We can’t promise you a job forever,” Bucknall says of the company’s philosophy. “But we can certainly give you the opportunity to develop yourself and be prepared for the next step in your career, even if it means you would leave UTC.”


    That kind of altruism fosters skepticism about the tuition program.


    “They have continued on with something as a benefit rather than looking at it strategically,” says Jeanne Meister, an author and consultant. “It’s an outdated model.”


    She doubts that unlimited reimbursement is effective and asserts the only way such a program can survive is when it is championed by an executive.


    “It’s an enormous leap of faith,” she says. “It’s been rolling along because it’s the brainchild of the current CEO and no one wants to mess it up.”


    Bucknall agrees that David is the force behind the initiative and has fostered the program’s success.


    “If HR had proposed that we do this, it wouldn’t have the impact that it does if the CEO proposes it and is committed to it,” Bucknall says.


    But a program that was born in the C-suite may also die there. “When this CEO leaves, the next guy will come along and say, ‘What were we doing?’ Meister says.


    UTC soon will have a chance to prove that the tuition program is bigger than David when the chief executive steps down in 2008. He will be succeeded by Louis Chenevert, the former head of Pratt & Whitney, who was named UTC president and COO last year.


    Chenevert has emphasized his support for the program. “I like to think it’s probably in the DNA of the organization now and will continue regardless of who the CEO is,” Bucknall says. “It’s not just a nice, good thing to do. There are measurable business outcomes from having the program as well.”


Tracking results
    Beyond recruiting and retention statistics, Bucknall points to UTC’s financial performance. In 2006, revenue increased by 12 percent over 2005 to $47.8 billion. Earnings per share were up 19 percent. Over the 10 years the tuition program has been in place, UTC has achieved shareholder return that is more than twice the Dow Jones and S&P 500 averages.


    A number of factors can influence financial results, which means even sterling ones probably won’t convince skeptics that generous tuition reimbursement makes business sense.


    John Sullivan, a professor of management at San Francisco State University, says that the inherent weakness in such programs is that they are usually run by the benefits office rather than by training and development. As a result, no one determines return on the educational investment, assesses whether skills required by the organization are obtained, or coaches participants.


    “This is the worst-managed program in HR,” Sullivan says. “No one does the metrics like they would in any other thing. I haven’t found anybody who’s even tried to calculate [return on investment]. There is no evidence that it’s going to help your company.”


    Another drawback is that participants do not reap the rewards of their newly acquired education, according to Sullivan.


    “At work, they get nothing, not a ‘thank you,’ not a cake,” he says. If they are trying to move up from being a secretary to an accountant, they often have to find a new employer.


    “You’re still labeled as a secretary,” Sullivan says. “The degree doesn’t turn out to be powerful until you leave the company.” At a financial firm Sullivan studied, 75 percent of the people who went back to school departed within two years of earning their degree.


    Sullivan maintains that there are “faster, cheaper ways” to learn than by entering college, such as participating in a leadership program. This route also ensures that employees take courses that benefit the company rather than wander off on their own.


    But 90 percent of the time at UTC, self-selection has resulted in employees taking courses that relate to their work, says Laura Osborn, director of learning and development for the company. So a financial analyst is likely to get a master’s degree in accounting rather than in anthropology.


    In the other cases, a divergence between curriculum and job duties may result from an employee wanting to move to another position within the company. For instance, an engineer may pursue an MBA.


    “The majority of people go for a business degree to sort of round out their skills,” Osborn says.


    They track into courses that are relevant to their career paths because “they’re passionate about what they’re going to end up working on.”


    Such enthusiasm highlights one of the challenges of managing the program—calibrating expectations. Sometimes, employees seek immediate job gratification after their accomplishments in the classroom.


    “There’s a need on our part to make sure people appreciate that more than likely because of advanced credentials and motivation, good things will happen in your career,” Bucknall says. “It’s not necessarily going to happen 30 days after you graduate.”


    But the number of people who get frustrated and leave—or take the degree and run to another company—is limited, according to Bucknall.


    “If there were a trend toward that, you can bet we’d be hearing from our business units and management that the investment wasn’t worth the return,” he says. “We don’t hear that at all.”


    The feedback they are getting from the public sector is praise. Rep. Tom Allen, D-Maine, has a Pratt & Whitney operation in his district in North Berwick. He says UTC’s education initiative sets an example for other companies to follow.


    “It’s an amazing program,” Allen says. “They have a very loyal workforce and a very good workforce.”


    When UTC helps its employees go back to school, it is also strengthening skills in the district’s labor market, which benefits all of Allen’s constituents.


    “That further training is a public good as well as a private good,” he says.


    It prepares someone like Donald Richards for whatever might come next in the churning, sometimes dangerous global economy.


    For jobs that used to be available for someone with a high school education, “a bachelor’s degree is required and a master’s degree or an MBA is preferred,” he says. “Education offers choices.”

Posted on December 5, 2007July 10, 2018

Worker-Status Rulings A Relief To Drug Firms

Big pharmaceutical firms are applauding separate federal court decisions to deny class-action status for lawsuits alleging Bayer Corp. and Wyeth Pharmaceuticals misclassified workers’ status.


Both lawsuits were brought by former employees who contend the companies should have assigned them nonexempt status, thus entitling them to certain privileges including compensation for overtime as well as meal and rest breaks.


In the Wyeth case, U.S. District Judge Stephen Wilson in Los Angeles dismissed the lawsuit October 26 before the plaintiff could file for class-action status. Two weeks before that, U.S. District Judge John Walter in Los Angeles denied plaintiffs in the Bayer case class-action status.


The rulings are significant because they could affect the way employers categorize scores of pharmaceutical representatives working in the industry and influence the outcome of several pending lawsuits involving high-profile pharmaceutical companies.


Wyeth and Bayer attorneys invoked an outside-salesperson exemption rule, which was enacted by the U.S. Department of Labor, to argue their cases, according to Michael Banks, a partner at Morgan, Lewis & Bockius in Philadelphia, which represented both companies.


The DOL stipulates several factors must be met before a company can assign the exempt status to its employees. The employees should regularly work off site with the primary responsibility of making sales. Both Wyeth and Bayer believe the plaintiffs in these cases met the requirements during their tenure at the companies and therefore were not eligible for either overtime payments or breaks, explains Richard Rosenblatt, a Morgan, Lewis & Bockius partner in its Princeton, New Jersey, office.


“Pharmaceutical sales professionals should not be treated differently from any other person who engages in outside sales, whether it’s a widget or a copy machine,” Rosenblatt says. “The Bayer decision reflects the common-sense conclusion that there is no legislative, regulatory or societal purpose for doing so.”


Pharmaceutical companies rely heavily on field agents rather than conventional in-house salespeople to service doctors, who are their primary customers. The situation looks promising for the pharmaceutical industry, yet Banks believes there could be appeals in the future.


Indeed, San Diego-based class-action law firm Cohelan & Khoury, which also represented the Bayer plaintiffs, wouldn’t specify whether the plaintiffs would appeal. But attorney Jason Hill says pharmaceutical representatives are chronically misclassified because employers want to save money.


“Applying the outside-salesperson exemption status to this group of workers is incorrect because these agents are not actually engaged in selling,” Hill says. “Therefore, they do not meet the requirements stipulated by the DOL.”


He says the agents’ primary duty is to increase prescriptions for specific pharmaceutical products among doctors. Making direct sales to patients is not part of their job. “They are primarily there to raise brand awareness and to carry out marketing efforts,” he explains.


Hill believes pharmaceutical company lawyers arguing in other pending cases may look to follow the strategy used in the Bayer and Wyeth cases.


“I am hoping they do because the argument is like a house of cards that will eventually fall onto itself,” he notes.



—Gina Ruiz

Posted on December 4, 2007July 10, 2018

Dear Workforce How Should HR Prepare for an IPO

Dear Ready and Willing:

Public companies are under intense scrutiny by Wall Street analysts, shareholders and the public, and it is critical that HR understand the significant ramifications of being a public company, particularly in the following areas:

  • Compliance

  • Impact on company culture and communications with employees

  • Compensation program direction

Compliance

There are many Securities and Exchange Commission requirements relating to compensation and benefits. Companies file many public documents with the SEC, starting with the S-1 public offering filing, which requires business and financial data as well as a detailed executive compensation section.

The SEC revised its proxy disclosure rules in 2006 to require multiple tables that apply to public companies and those going public, as well as the compensation discussion & analysis (CD&A) detailing the company’s compensation philosophy, which private companies often do not have.

Once public, the company must file the following documents containing compensation-related information:

  • Annual report (10-k): Data on stock-based compensation and stock plans, including stock options and relevant stock-based compensation under Financial Accounting Standard No. 123R.

  • Annual proxy: Extensive executive compensation disclosures similar to the S-1 filing, including the CD&A.

  • Forms 3, 4 and 5: Ad-hoc forms filed for every stock-related transaction for company officers and board members.

  • 8-k filings: Ad-hoc filings reporting important company news that must be divulged to shareholders as soon as it occurs, e.g., an executive or board director joining or leaving the company; any significant executive compensation matter.

Public companies also must comply with Sarbanes-Oxley, including documentation of appropriate internal controls. Usually the HR department must conduct a thorough review to ensure compliance.

Impact on company culture

The most significant impact relates to how public-company executives communicate with employees. It remains vital to keep people informed; however, executives must be careful what they say—and when and how they say it. It is common for the CEO to hold employee meetings either live or via video for viewing by employees on the day quarterly earnings statements are announced.

HR needs to be cognizant of employee-morale implications of a rising or falling stock price. With executive compensation in the public eye, there can be morale issues based on perceptions of high levels of compensation during negative events such as layoffs.

Equity-based compensation plan design

Publicly traded stock provides a new form of “compensation currency” that can be used as an incentive and retention tool for top performers who are not necessarily part of senior management. Clearly, this needs to fit with the company’s overall compensation philosophy and must be affordable. Conversely, equity-based programs previously offered might be curtailed if the number of shares available is more limited due to dilution concerns.

Clearly, HR in a newly public company assumes significantly greater accountability, and HR leaders need to prepare their staff to accept this accountability.

SOURCE: Larry Schumer, director, compensation, Buck Consultants, Boston, October 5, 2007.

LEARN MORE: In July 2007, software vendor SuccessFactorsbecame the latest HR services firm to file an IPO.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

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Dear Workforce Newsletter

Posted on December 4, 2007June 29, 2023

The Hot List: 2007 Employment Law Firms

EMPLOYMENT LAW FIRMS

Employment law firms with national and global reaches are much in demand these days, as myriad legal issues confront employers in a global economy.

Barbara Brown, chair-elect of the American Bar Association’s labor and employment law section, says she sees a lot of growth in the employer-defense niche of the legal world. In a characterization that won’t please many employers, she said the field is “very vibrant at the moment,” with federal and state court caseloads growing in the area of employment law.

Among those areas of growth are cases of overtime-rule disputes and claims of unpaid compensation for “off-the-clock” work performed, discrimination, whistle-blower retaliation and allegations of unpaid benefits and compensation brought by employees who have jumped from job to job.

A big legal issue in California, says Brown, involves claims that rest and mealtime breaks required by the state labor code haven’t been provided by some employers.

The U.S. Supreme Court, meanwhile, is expected to rule in 2008 on arbitration procedures for discrimination cases. And Brown expects a future federal law banning discrimination against employees based on sexual orientation.

Meanwhile, the largest employment law firms have been adding offices overseas in recent years. To tap into the global market for their services, they’re setting up shop in places like London, Paris and China.

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